DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buchan Bush Nursing Association Inc.
(AG2020/3354)

BUCHAN BUSH NURSING ASSOCIATION INC. NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 8 DECEMBER 2020

Application for approval of the Buchan Bush Nursing Association Inc. Nurses Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Buchan Bush Nursing Association Inc. Nurses Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buchan Bush Nursing Association Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that clause 26(d)(i) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 10 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and in accordance with s.54, will operate from 15 December 2020. The nominal expiry date of the Agreement is 30 April 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Buchan Bush Nursing Association Inc. brought an application for the approval of the Buchan Bush Nursing Association Inc. Nurses Enterprise Agreement 2020. The Fair Work Commission was the court that heard the matter. The dispute centred on the terms of the enterprise agreement and whether it complied with the relevant industrial legislation. The association argued that the agreement met the necessary criteria for approval, while no objections were raised by any party, including the employees.

The primary legal issue before the Commission was whether the enterprise agreement fulfilled the requirements set out in the Fair Work Act 2009. The Commission had to consider if the agreement was fairly negotiated, included appropriate provisions for employee representation, and met the criteria for being a single, indivisible agreement. The association demonstrated that the agreement had been negotiated in good faith and that all terms were fair and reasonable.

The Fair Work Commission found that the enterprise agreement met all necessary criteria for approval. The Commission noted the absence of any objections and the fact that the agreement contained all the required provisions, including those for employee representation and good faith negotiation. Consequently, the Commission approved the Buchan Bush Nursing Association Inc. Nurses Enterprise Agreement 2020, finding it to be compliant with the relevant industrial laws.

No further orders were made beyond the approval of the enterprise agreement. The decision was made in light of the association's demonstration of good faith in negotiating the agreement and the absence of any objections from the employees or other parties involved.

Buchan Bush Nursing Association Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established